Sibley Mounts Legal Challenge To Opponent's Election

Lawyer to present proof Birdwell committed felony in filing

A lawyer for former State Senator David Sibley will present
proof to the Secretary of State that an opponent committed
felony perjury.

In his application for the special election to be held on
May 8, records show, Col. Brian Birdwell of Granbury claimed
he has been a Texas resident for the five years previous to
the election to fill the unexpired term of Senator Kip
Averitt.

That is required by Texas elections law to establish
eligibility for the office.

Documents on file in both Texas and Virginia put the lie to
the claims he made on his application to be placed on the
ballot.

According to an attorney for Mr. Sibley, Gardner Pate of the
Austin firm of Lock, Lord, Bissell & Liddell, a Virginia
fishing license, voting records from both Texas and Virginia
and the voters registration applications from both states
prove "...Birdwell became a legal resident of the
Commonwealth of Virginia in 2004 when he registered to vote
in Virginia on Feb. 2, 2004, and by doing so, voluntarily
gave up his legal residence in Texas...Birdwell was not a
legal resident of Teas for the five years immediately
preceding the upcoming May 8, 2010 special election."

Furthermore, voting records from Virginia show that Mr.
Birdwell voted in Virginia in both primary and general
elections from 2004 to 2006. Upon his return to Texas in
2007, he registered to vote in Hood County and participated
in city and county elections, constitutional ballots, and
both primary and general elections in 2007 through 2010.

Though Texas law does not disallow voting privileges for an
individual serving in the military in another state,
"However, an individual serving in the military may
voluntarily give up his Texas residence by his actions," Mr.
Pate wrote in his application for a ruling from Secretary of
State Hope Andrade.

Mr. Birdwell "gave up his Texas residence in 2004 when he
registered to vote in Prince William County on Feb. 20,
2004."

In the application, signed under penalty of felony
prosecution, Mr. Birdwell said he intended to make Virginia
his official residence and did not re-establish his Texas
residency until 2007 when he returned to Hood County.